Missouri Child Custody Legal Questions

This is an incredibly complex issue with multiple legal questions tied in. Depending on the circumstances, generally it is found that keeping a child away from another parent can backfire and tells the court that the party does not have the ability to co-parent. Generally, Parents who are not married may establish legal paternity for a child in one of two ways: 1. Both parents may sign an Affidavit Acknowledging Paternity at the hospital when the baby is born. The Affidavit allows the parents to voluntarily declare paternity for the child. When both parents properly complete and sign their respective Affidavit, the man becomes the legal father of the child and his name is placed on the child's birth certificate. If the parents don?t complete the Affidavit at the hospital, it's not too late. The parents can contact the Department of Health and Senior Services Bureau of Vital Records or the Family Support Division (FSD) to get an Affidavit and assistance in completing the Affidavit to establish legal paternity. 2. Obtain an order naming the man as the father of the child. Typically in Missouri, a man who believes he is the biological father of a child may file a Father's Petition for Declaration of Paternity, Child Custody and/or Support.... Read More

You need to have paternity established either through the court system (with a lawyer) or through the Division of Child Support Enforcement, because you need father to be ordered to pay child support. The father needs to have paternity established in order to get a Judgment for parenting time that is enforceable. If he takes you to court seeking rights to custody and/or visitation, the Court is going to assume both parents are fit and proper custodians and that you will act like adults and co-parent in the best interest of your child. This will normally result in an order of joint legal custody and joint physical custody, with a parenting schedule that fits the circumstances. The burden will be on you to present evidence that your child would be harmed or endangered either physically or emotionally by spending time with his father. If the evidence is sufficient and persuasive, you might expect an Order requiring father to take parenting classes, supervising father's visitation, or graduating a schedule of parenting time with father. If it comes to this, you will need an experienced family lawyer to prepare and present this case for you. Good luck.  ... Read More

If you have a parenting plan and judgment from a Missouri court, there should be language in the judgment concerning the obligation of a parent with custodial or visitation rights, who plans to relocate a child for more than ninety days. The authority for that language is found in Section 452.377 of the Revised Missouri Statutes. The statute will tell you what are the rights and obligations of the parents.... Read More

I need more inforamation form you before I can answer your question. 1) Has the State of Missouri ever instituted an action to establish paternity?; 2) Is the Father's name on the birth certificate?; 3) have you ever filed any legal document in any court?.   Please answer these questions. Thank you.   Dan STuart dan@stuartlaw.net www.stuartlaw.net... Read More

No. As long as you are married, the child is presumed to be his. In the dissolution action you can ask the court to find the child is not his, and if the other man is willing to put his name on the birth certificate with the court's order than can be accomplished, but this is highly unusual and you will have to be persistent and have full cooperation of all concerned, and you will have to get your married ended. If you do not wish to do this, then it cannot be done.... Read More